[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Rules and Regulations]
[Pages 53747-53753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21963]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 2, 11, 15, 18, 73, 74, 76, 78, 80, 90, 95, and 97
[FCC 15-81]
Reorganization of the Enforcement Bureau's Field Operations
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (the Commission) acts to
improve the Commission's efficiency, effectively manage Commission
resources, and align the Commission's field enforcement activities with
contemporary needs for a field enforcement presence. The Commission,
the Office of Managing Director and the Enforcement Bureau will take
several actions to realign the mission and resources of its 24 field
offices. The Bureau's field offices will primarily support the
enforcement of the Commission's radio frequency spectrum rules and
other key regulations in a manner likely to have the greatest impact,
in the most cost effective way possible.
DATES: Effective September 8, 2015.
FOR FURTHER INFORMATION CONTACT: William Davenport, Enforcement Bureau,
(202) 418-1034.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order;
FCC 15-81, adopted and released on July 16, 2015. The full text of this
document is available for public inspection during regular business
hours in the FCC Reference Center, Room CY-A257, 445 12th Street SW.,
Washington, DC 20554 or at the following Internet address: https://www.fcc.gov/document/fcc-adopts-plan-modernize-field-operations-0.
Alternative formats are available to persons with disabilities
(braille, large print, electronic files, audio format); to obtain,
please send an email to [email protected] or call the Consumer and
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY).
I. Introduction
1. Through this Order, we act to improve the Commission's
efficiency, effectively manage Commission resources, and align the
Commission's field enforcement activities with contemporary needs for a
field enforcement presence. With its 24 field offices (``Field'') and
Equipment Development Group, the Enforcement Bureau resolves
interference issues, assists with disaster recovery, and enforces
technical compliance with Commission rules and the Communications Act.
The current model of the Field was adopted approximately 20 years
ago.\1\ Since then, technological changes and increasingly limited
resources have created the need to take a fresh look at the Bureau's
Field operations. The Commission has completed a full review of the
mission, processes, and organization of the Field. Our review concludes
that our Field resources should be concentrated in urban areas where
the need for them is greatest. This Order refocuses the Field on
enforcement of our radio frequency spectrum rules and other key
regulations in a high impact and cost effective manner that is better
aligned with the priorities of the Commission and the Bureau as a
whole.
---------------------------------------------------------------------------
\1\ Amendment of Part 0 of the Commission's Rules to Reflect
Reorganization of the Compliance and Information Bureau, Order, 11
FCC Rcd 1725 (1996).
---------------------------------------------------------------------------
II. Discussion
2. The Commission has determined to make changes to the Field in
order to create a more effective organization within the limits of our
budgetary constraints. By this action we restructure the Enforcement
Bureau's field operations to implement the changes. The Field
reorganization will better align the Field's mission with the
priorities of the Commission, increase efficiency in terms of both
employee performance and management oversight, and enable updating the
employee skillset and equipment deployed in the Field. We take this
action after extensive outreach to internal and external stakeholders,
including a survey of field personnel and interviews with field staff,
current and former management, outside experts, regulatees, and other
government agencies. We also reviewed field operations by other federal
agencies and examined the Bureau's enforcement activity database to
assess the Field's caseload, efficiency, and effectiveness.
3. Based on that comprehensive review, the Commission, the Office
of Managing Director and the Enforcement Bureau will take several
actions to realign the mission and resources of the Field. The Bureau's
field offices will primarily support the enforcement of the
Commission's radiofrequency interference requirements and other key
rules. These enforcement efforts will be guided by the priorities of
the Commission and the Enforcement Bureau and occur in the manner
likely to have the greatest impact, in the most cost effective way
possible.
4. The Field will embark on a program to update its equipment and
employee skillset to address the likely issues that will accompany new
and expanded uses of spectrum. This program will include the expanded
use of remotely operated monitoring equipment to supplement field
staff, as well as the identification and use of portable devices
capable of assessing interference issues in bands expected to
experience heavy spectrum use. Upon completion of all required
implementation steps, the Commission will first apply the net savings
resulting from this reorganization effort to this
[[Page 53748]]
program, before applying those monies to the agency's general fund. The
net savings will not be used to increase the number of full-time non-
field-related employees in the headquarters office of the Enforcement
Bureau.
5. The Bureau will close its field offices in or near Anchorage,
Alaska; Buffalo, New York; Detroit, Michigan; Houston, Texas; Kansas
City, Missouri; Norfolk, Virginia; Philadelphia, Pennsylvania; San
Diego, California; San Juan, Puerto Rico; Seattle, Washington; and
Tampa, Florida. Relatedly, the Enforcement Bureau field offices in or
near Atlanta, Georgia; Columbia, Maryland; and San Francisco,
California will relocate to FCC-owned properties nearby or in the same
metropolitan areas. In addition, recognizing that current work volume
does not require full-time employees, the Bureau will contract with
local personnel to maintain a field presence in Alaska and Puerto Rico
and will also periodically dispatch field agents to Kansas City,
Missouri.
6. All Bureau field agents shall have electrical engineering
backgrounds.
7. The relocated offices identified in paragraph 5 and the
remaining offices in or near New York City, New York; Miami, Florida;
Dallas, Texas; Chicago, Illinois; Boston, Massachusetts; Denver,
Colorado; Honolulu, Hawaii; New Orleans, Louisiana; Portland, Oregon;
and Los Angeles, California will be staffed and equipped to maintain
the Commission's Field program.
8. Within 6 weeks of release of this Order, the Bureau will
establish procedures for industry and public safety complainants to
escalate their complaints within the Field organization.
9. The Commission will continue to work with outside stakeholders
to develop a comprehensive policy and enforcement approach to the issue
of unlicensed radio broadcasting.
10. The Commission will implement a nationwide outplacement effort
to assist all displaced employees to find positions in the public or
private sectors, including other vacancies within the Commission for
which they are qualified and selected.
11. The amendments adopted herein pertain to agency organization,
procedure, and practice. Some of the amendments are administrative
updates to rules that were inadvertently not revised during prior
agency organization efforts.\2\ Other amendments add references to the
FCC Web site where parties and the Commission may obtain information
more efficiently than they could by the current practice of addressing
requests to the Field. The remainder of the amendments conform the
rules to the current practice. Consequently, the requirement of notice
and comment and the effective date provisions of the Administrative
Procedures Act, 5 U.S.C. 553(b) and (d), do not apply. Authority for
the amendments adopted herein is contained in Sections 4(f)(1), 4(g),
4(i), 5(b), 5(c)(1) and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(f)(1), (g), (i), 155(b), 155(c)(1), and 303(r).
---------------------------------------------------------------------------
\2\ See e.g., Establishment of the Enforcement Bureau and the
Consumer Information Bureau, Order, 14 FCC Rcd 17924 (1999);
Establishment of the Public Safety and Homeland Security Bureau and
Other Organizational Changes, Order, 21 FCC Rcd 10867 (2006);
Amendment of the Commission's Rule Concerning Commercial Radio
Operators, Report and Order, 28 FCC Rcd 532, 542-43, para. 20
(2013).
---------------------------------------------------------------------------
III. Procedural Matters
A. Paperwork Reduction Act of 1995
This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13.
B. Congressional Review Act
The Commission will not send a copy of this Order pursuant to the
Congressional Review Act, 5 U.S.C. 801(a)(1)(A), because the adopted
rules pertain to agency organization, procedure, and practice.
IV. Ordering Clauses
12. Accordingly, It is ordered that, pursuant to Sections 4(f)(1),
4(g), 4(i), 5(b), 5(c)(1) and 303(r) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(f)(1), (g), (i), 155(b), 155(c)(1), and
303(r) the Enforcement Bureau's Field operations be restructured.
13. It is further ordered that the field offices in or near
Anchorage, Alaska; Buffalo, New York; Detroit, Michigan; Houston,
Texas; Kansas City, Missouri; Norfolk, Virginia; Philadelphia,
Pennsylvania; San Diego, California; San Juan, Puerto Rico; Seattle,
Washington; and Tampa, Florida be closed. The Bureau will contract with
local personnel to maintain a field presence in Alaska and Puerto Rico
and will also periodically dispatch field agents to Kansas City,
Missouri.
14. It is further ordered that the Enforcement Bureau relocate
field offices in or near Atlanta, Georgia; Columbia, Maryland; and San
Francisco, California to nearby FCC-owned properties.
15. It is further ordered that all Enforcement Bureau field agents
shall have electrical engineering backgrounds.
16. It is further ordered that the Commission devote resources to
provide its field staff with the training and equipment to address new
interference threats in bands that are currently in use, as well as
bands that are not yet widely utilized. The equipment should focus on
portable, cost-effective devices as well as remotely-operated spectrum
monitoring equipment deployable on a permanent or temporary basis. Upon
completion of all required implementation steps, the Commission will
first apply the net savings resulting from this reorganization effort
to this program, before applying those monies to the agency's general
fund. The net savings will not be used to increase the number of full
time non-field-related employees in the headquarters office of the
Enforcement Bureau.
17. It is further ordered that, within 6 weeks of release of this
Order, the Enforcement Bureau will establish procedures for industry
and public safety complainants to escalate their complaints within the
Field organization.
18. It is further ordered that the Commission will continue to work
with outside stakeholders to develop a comprehensive policy and
enforcement approach to the issue of unlicensed radio broadcasting.
19. It is further ordered that the Commission implement a
nationwide outplacement effort to assist all displaced employees to
find positions in the public or private sectors, including other
vacancies within the Commission for which they are qualified and
selected.
20. It is further ordered that effective upon publication of this
Order in the Federal Register that Sections 0.111, 0.314, 0.317, 0.401,
0.421, 0.555, 2.106, 2.405, 11.35, 15.239, 18.115, 18.117, 73.688,
73.1030, 73.1690, 74.24, 74.25, 76.613, 78.11, 78.19, 80.59, 80.1067,
90.425, 95.129, 95.208, 95.209, 95.408, 95.409, 97.13, 97.109, 97.203,
97.309, 97.311, and 97.313 of the Commission's rules are amended as
indicated in the Appendix.
List of Subjects
47 CFR Part 0
Organization and functions (Government agencies), Reporting and
recordkeeping requirements.
47 CFR Part 2
Disaster assistance, Radio.
[[Page 53749]]
47 CFR Part 11
Radio.
47 CFR Part 15
Communications equipment, Reporting and recordkeeping requirements.
47 CFR Part 18
Medical devices, Reporting and recordkeeping requirements,
Scientific equipment.
47 CFR Part 73
Communications equipment, Radio, and Reporting and recordkeeping
requirements.
47 CFR Part 74
Radio, Reporting and recordkeeping requirements, and Television.
47 CFR Parts 76 and 78
Cable television, Reporting and recordkeeping requirements.
47 CFR Part 80
Vessels, Marine safety, and Reporting and recordkeeping
requirements.
47 CFR Parts 90, 95, and 97
Communications equipment, Radio.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 0, 2, 11, 15, 18, 73, 74,
76, 78, 80, 90, 95, and 97 as follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,
225, unless otherwise noted.
0
2. Section 0.111 is amended by revising Notes to Paragraphs (a)(1),
(a)(2) and (a)(11) to read as follows:
Sec. 0.111 Functions of the Bureau.
* * * * *
Note To Paragraph (a)(1): The Consumer and Governmental Affairs
Bureau has primary responsibility for addressing individual informal
complaints from consumers against common carriers (wireline,
wireless and international) and against other wireless licensees,
and informal consumer complaints involving access to
telecommunications services and equipment for persons with
disabilities. The International Bureau has primary responsibility
for complaints regarding international settlements rules and
policies.
* * * * *
Note to paragraph (a)(2): The Consumer and Governmental Affairs
Bureau has primary responsibility for addressing individual informal
complaints from consumers against non-common carriers subject to the
Commission's jurisdiction under Title II of the Communications Act
and related provisions.
* * * * *
Note to paragraph (a)(11): The Media Bureau has primary
responsibility for complaints regarding children's television
programming requirements, and for political and related programming
matters and equal employment opportunity matters involving
broadcasters, cable operators and other multichannel video
programming distributors. The relevant licensing Bureau has primary
responsibility for complaints involving tower sitting and the
Commission's environmental rules. The Media Bureau has primary
responsibility for complaints regarding compliance with conditions
imposed on transfers of control and assignments of licenses of Cable
Television Relay Service authorizations.
* * * * *
0
3. Section 0.314 is amended by revising the introductory text to read
as follows:
Sec. 0.314 Additional authority delegated.
The Regional Directors are delegated authority to act upon
applications, requests, or other matters, which are not in hearing
status, and direct the following activities necessary to conduct
investigations or inspections:
* * * * *
0
4. Section 0.317 is revised to read as follows:
Sec. 0.317 Record of action taken.
The application, authorization, and other appropriate files of the
Enforcement Bureau are designated as the Commission's official records
of action taken pursuant to authority delegated under Sec. Sec. 0.311
and 0.314, and shall constitute the official Commission minutes entry
of such actions. The official records of action are maintained in the
Reference Information Center in the Consumer and Governmental Affairs
Bureau.
0
5. Section 0.401 is amended by revising paragraph (a)(4) to read as
follows:
Sec. 0.401 Location of Commission offices.
* * * * *
(a) * * *
(4) For the locations of the field offices, contact the Enforcement
Bureau.
* * * * *
0
6. Section 0.421 is revised to read as follows:
Sec. 0.421 Application forms.
All forms for use in submitting applications for radio
authorization, together with instructions and information as to filing
such forms, may be obtained at http://www.fcc.gov/forms. For
information concerning the forms to be used and filing requirements,
see part 1 of this chapter and the appropriate substantive rules.
0
7. Section 0.555 is amended by removing paragraph (a)(2), redesignating
paragraph (a)(3) as paragraph (a)(2), and revising newly redesignated
paragraph (a)(2) to read as follows:
Sec. 0.555 Disclosure of record information to individuals.
(a) * * *
(2) Individuals may request that copies of records be sent directly
to them. In such cases, individuals must verify their identity as
described in Sec. 0.554(b)(2) and provide an accurate return mailing
address or email address. Records shall be sent only to that address.
* * * * *
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
8. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
9. Section 2.106 is amended by revising paragraph (a) introductory text
following US270 as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
US270 * * *
(a) The peak envelope power of an amateur station shall not exceed
50 watts in the following areas, unless expressly authorized by the FCC
after mutual agreement, on a case-by-case basis, between the Regional
Director of the applicable field office and the military area frequency
coordinator at the applicable military base. For areas (5) through (7),
the appropriate military coordinator is located at Peterson AFB, CO.
* * * * *
0
10. Section 2.405 is amended by revising paragraphs (a) and (c) to read
as follows:
Sec. 2.405 Operation during emergency.
* * * * *
(a) That as soon as possible after the beginning of such emergency
use, notice be sent to the Public Safety and
[[Page 53750]]
Homeland Security Bureau of the Commission at Washington, D.C., stating
the nature of the emergency and the use to which the station is being
put, and
* * * * *
(c) That the Public Safety and Homeland Security Bureau of the
Commission at Washington, D.C., shall be notified immediately when such
special use of the station is terminated: Provided further,
* * * * *
PART 11--EMERGENCY ALERT SYSTEM (EAS)
0
11. The authority citation for part 11 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g) and
606.
0
12. Section 11.35 is amended by revising paragraph (c) to read as
follows:
Sec. 11.35 Equipment operational readiness.
* * * * *
(c) If repair or replacement of defective equipment is not
completed within 60 days, an informal request shall be submitted to the
Regional Director of the FCC field office serving the area in which the
EAS Participant is located, or in the case of DBS and SDARS providers
to the Regional Director of the FCC field office serving the area where
their headquarters is located, for additional time to repair the
defective equipment. This request must explain what steps have been
taken to repair or replace the defective equipment, the alternative
procedures being used while the defective equipment is out of service,
and when the defective equipment will be repaired or replaced.
PART 15--RADIO FREQUENCY DEVICES
0
13. The authority citation for part 15 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and
549.
0
14. Section 15.239 is amended by revising paragraph (d) introductory
text to read as follows:
Sec. 15.239 Operation in the band 88-108 MHz.
* * * * *
(d) A custom built telemetry intentional radiator operating in the
frequency band 88-108 MHz and used for experimentation by an
educational institute need not be certified provided the device
complies with the standards in this part and the educational
institution notifies the Office of Engineering and Technology, in
writing, in advance of operation, providing the following information:
* * * * *
PART 18--INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT
0
15. The authority citation for part 18 continues to read as follows:
Authority: 47 U.S.C. 4, 301, 302, 303, 304, 307.
0
16. Section 18.115 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 18.115 Elimination and investigation of harmful interference.
* * * * *
(b) If the operator of ISM equipment is notified by the
Commission's Regional Director that operation of such equipment is
endangering the functioning of a radionavigation or safety service, the
operator shall immediately cease operating the equipment. Operation may
be resumed on a temporary basis only for the purpose of eliminating the
harmful interference. Operation may be resumed on a regular basis only
after the harmful interference has been eliminated and approval from
the Regional Director obtained.
(c) When notified by the Regional Director that a particular
installation is causing harmful interference, the operator or
manufacturer shall arrange for an engineer skilled in techniques of
interference measurement and control to make an investigation to ensure
that the harmful interference has been eliminated. The Regional
Director may require the engineer making the investigation to furnish
proof of his or her qualifications.
0
17. Revise Sec. 18.117 to read as follows:
Sec. 18.117 Report of interference investigation.
(a) An interim report on investigations and corrective measures
taken pursuant to Sec. 18.115 of this part shall be filed with the
Regional Director of the local FCC office within 30 days of
notification of harmful interference. The final report shall be filed
with the Regional Director within 60 days of notification.
(b) The date for filing the final report may be extended by the
Regional Director when additional time is required to put into effect
the corrective measures or to complete the investigation. The request
for extension of time shall be accompanied by a progress report showing
what has been accomplished to date.
PART 73--RADIO BROADCAST SERVICES
0
18. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336, and 339.
0
19. Section 73.688 is amended by revising paragraph (c)(2) to read as
follows:
Sec. 73.688 Indicating instruments.
* * * * *
(c) * * *
(2) If conditions beyond the control of the licensee prevent the
restoration of the meter to service within the above allowed period,
informal request in accordance with Sec. 73.3549 may be filed for such
additional time as may be required to complete repairs of the defective
instrument.
0
20. Section 73.1030 is amended by revising paragraph (c)(2) to read as
follows:
Sec. 73.1030 Notifications concerning interference to radio
astronomy, research and receiving installations.
* * * * *
(c) * * *
(2) In the event that calculated value of expected field exceeds 10
mV/m (-65.8 dBW/m2) at the reference coordinates, or if there is any
question whether field strength levels might exceed the threshold
value, advance consultation with the FCC to discuss any protection
necessary should be considered. Prospective applicants may communicate
with the Public Safety and Homeland Security Bureau.
* * * * *
0
21. Section 73.1690 is amended by revising paragraph (c)(7)(ii) to read
as follows:
Sec. 73.1690 Modification of transmission systems.
* * * * *
(c) * * *
(7) * * *
(ii) If the station is located in or near a radio quiet zone, radio
coordination zone, or a Commission monitoring station (see Sec.
73.1030 and Sec. 0.121(c) of this chapter), the licensee or permittee
must have secured written concurrence from the affected radio quiet
zone, radio coordination zone, or the Commission's Public Safety and
Homeland Security Bureau in the case of a monitoring station, to
increase effective radiated power PRIOR to implementation. A copy of
that concurrence must be submitted with the license application
[[Page 53751]]
to document that concurrence has been received;
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
22. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 336 and 554.
0
23. Section 74.24 is amended by revising paragraph (i) to read as
follows:
Sec. 74.24 Short-term operation.
* * * * *
(i) Short-term operation of a remote pickup broadcast base station,
a remote pickup automatic relay station, an aural broadcast STL
station, an aural broadcast intercity relay station, a TV STL station,
a TV intercity relay station or a TV translator relay station in the
National Radio Quiet Zone, the Table Mountain Radio Receiving Zone, or
near FCC monitoring stations is subject to the same advance
notification procedures applicable to regular applications as provided
for in Sec. 73.1030 of this chapter and Sec. 74.12, except that
inasmuch as short-term operation does not involve an application
process, the provisions relating to agency objection procedures shall
not apply. It shall simply be necessary for the licensee to contact the
potentially affected agency and obtain advance approval for the
proposed short-term operation. Where protection to FCC monitoring
stations is concerned, approval for short-term operation may be given
by the Regional Director of a Commission field facility.
* * * * *
0
24. Section 74.25 is amended by revising paragraph (d) to read as
follows:
Sec. 74.25 Temporary conditional operating authority.
* * * * *
(d) Operation under this section shall be suspended immediately
upon notification from the Commission or by the Regional Director of a
Commission field facility, and shall not be resumed until specific
authority is given by the Commission or Regional Director. When
authorized by the Regional Director, short test operations may be made.
* * * * *
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
0
25. The authority citation for part 76 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503,
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548,
549, 552, 554, 556, 558, 560, 561, 571, 572, 573.
0
26. Section 76.613 is amended by revising paragraphs (c) and (d) to
read as follows:
Sec. 76.613 Interference from a multichannel video programming
distributor (MVPD).
* * * * *
(c) If harmful interference to radio communications involving the
safety of life and protection of property cannot be promptly eliminated
by the application of suitable techniques, operation of the offending
MVPD or appropriate elements thereof shall immediately be suspended
upon notification by the Regional Director for the Commission's local
field office, and shall not be resumed until the interference has been
eliminated to the satisfaction of the Regional Director. When
authorized by the Regional Director, short test operations may be made
during the period of suspended operation to check the efficacy of
remedial measures.
(d) The MVPD may be required by the Regional Director to prepare
and submit a report regarding the cause(s) of the interference,
corrective measures planned or taken, and the efficacy of the remedial
measures.
PART 78--CABLE TELEVISION RELAY SERVICE
0
27. The authority citation for part 78 continues to read as follows:
Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C.
152, 153, 154, 301, 303, 307, 308, 309.
0
28. Section 78.11 is amended by revising paragraph (e) to read as
follows:
Sec. 78.11 Permissible service.
* * * * *
(e) The license of a CARS pickup station authorizes the
transmission of program material, and related communications necessary
to the accomplishment of such transmission, from the scenes of events
occurring in places other than a cable television studio or the studio
of another eligible system, to the studio, headend, or transmitter of
its associated cable television system or other eligible system, or to
such other cable television or other eligible systems as are carrying
the same program material. CARS pickup stations may be used to provide
temporary CARS studio-to-headend links, studio-to-transmitter links, or
CARS circuits consistent with this part without further authority of
the Commission: Provided, however, That prior Commission authority
shall be obtained if the transmitting antenna to be installed will
increase the height of any natural formation or manmade structure by
more than 6.1 meters (20 feet) and will be in existence for a period of
more than 2 consecutive days: And provided, further, That if the
transmitting equipment is to be operated for more than 1 day outside of
the area to which the CARS station has been licensed, the Commission,
the Regional Director for the area in which the station is licensed to
operate, and the Regional Director for the area in which the equipment
will be temporarily operated shall be notified at least 1 day prior to
such operation. If the decision to continue operation for more than 1
day is not made until the operation has begun, notice shall be given to
the Commission and the relevant Regional Directors within 1 day after
such decision. In all instances, the Commission and the relevant
Regional Directors shall be notified when the transmitting equipment
has been returned to its licensed area.
* * * * *
0
29. Section 78.19 is amended is amended by revising paragraph (e)(2) to
read as follows:
Sec. 78.19 Interference.
* * * * *
(e) * * *
(2) In the event that calculated value of expected field exceeds 10
mV/m (-65.8 dBW/m2) at the reference coordinates, or if there is any
question whether field strength levels might exceed the threshold
value, advance consultation with the FCC to discuss any protection
necessary should be considered. Prospective applicants may communicate
with the Public Safety and Homeland Security Bureau, Federal
Communications Commission, Washington, DC 20554.
* * * * *
PART 80--STATIONS IN THE MARITIME SERVICES
0
30. The authority citation for part 80 continues to read as follows:
Authority: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105,
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12
UST 2377.
0
31. Section 80.59 is amended by revising paragraph (d)(1) introductory
text to read as follows:
[[Page 53752]]
Sec. 80.59 Compulsory ship inspections.
* * * * *
(d) Waiver of annual inspection. (1) The Commission may, upon a
finding that the public interest would be served, grant a waiver of the
annual inspection required by Section 362(b) of the Communications Act,
47 U.S.C. 360(b), for a period of not more than 90 days for the sole
purpose of enabling a United States vessel to complete its voyage and
proceed to a port in the United States where an inspection can be held.
An informal application must be submitted by the ship's owner, operator
or authorized agent. The application must be submitted to the
Commission's Wireless Telecommunications Bureau at least three days
before the ship's arrival. The application must include:
* * * * *
0
32. Section 80.1067 is amended by revising paragraph (a) to read as
follows:
Sec. 80.1067 Inspection of station.
(a) Ships must have the required equipment inspected at least once
every 12 months by an FCC-licensed technician holding a GMDSS Radio
Maintainer's License. If the ship passes the inspection the technician
will issue a Safety Certificate. Safety Certificates may be obtained
from the Commission's National Call Center at 1-888-CALL FCC (1-888-
225-5322). The effective date of the ship Safety Certificate is the
date the station is found to be in compliance or not later than one
business day later. The FCC-licensed technician must use the latest FCC
Information Bulletin, How to Conduct a GMDSS Inspection, which may be
obtained at http://www.fcc.gov.
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
33. The authority citation for part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax
Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.
0
34. Section 90.425 is amended by revising paragraph (a)(4)(ii) to read
as follows:
Sec. 90.425 Station identification.
* * * * *
(a) * * *
(4) * * *
(ii) In the Industrial/Business Pool, licensees may request the
Commission's Wireless Telecommunications Bureau to approve the use of
special mobile unit identifiers in lieu of the assigned call sign. Such
requests, however, will not be granted where it appears that harmful
interference to international operations may be caused by stations
below 50 MHz, or by stations operating in areas within 80 km (50 miles)
of an international boundary, or where it appears that the proposed
method of identification will not adequately distinguish the mobile
units of the applicant from the mobile units of other licensees in the
area.
* * * * *
PART 95--PERSONAL RADIO SERVICES
0
35. The authority citation for part 95 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302(a), 303, and 307(e).
0
36. Revise Sec. 95.129 to read as follows:
Sec. 95.129 Station equipment.
Every station in a GMRS system must use transmitters the FCC has
certificated for use in the GMRS. Transmitters that have been certified
for use in the GMRS may be found on the FCC Web site at https://apps.fcc.gov/oetcf/eas/reports/GenericSearch.cfm. All station equipment
in a GMRS system must comply with the technical rules in part 95.
0
37. Section 95.208 is amended by revising paragraph (d) to read as
follows:
Sec. 95.208 (R/C Rule 8) How high may I put my antenna?
* * * * *
(d) If your R/C station is located near an airport, and if you
antenna structure is more than 6.1 meters (20 feet) high, your may have
to obey additional restrictions. The highest point of your antenna must
not exceed one meter above the airport elevation for every hundred
meters of distance from the nearest point of the nearest airport
runway. Differences in ground elevation between your antenna and the
airport runway may complicate this formula. If your R/C station is near
an airport, see http://wireless2.fcc.gov/UlsApp/AsrSearch/towairSearch.jsp to help you figure the maximum allowable height of
your antenna. Consult part 17 of this chapter for more information.
* * * * *
0
38. Section 95.209 is amended by revising paragraph (b) to read as
follows:
Sec. 95.209 (R/C Rule 9) What equipment may I use at my R/C station?
* * * * *
(b) You may examine a list of certificated transmitters on the FCC
Web site at http://www.fcc.gov/encyclopedia/radio-control-rc-radio-service.
* * * * *
0
39. Section 95.408 is amended by revising paragraph (d) to read as
follows:
Sec. 95.408 (CB Rule 8) How high may I put my antenna?
* * * * *
(d) If your CB station is located near an airport, and if your
antenna structure is more than 6.1 meters (20 feet) high, you may have
to obey additional restrictions. The highest point of your antenna must
not exceed one meter above the airport elevation for every hundred
meters of distance from the nearest point of the nearest airport
runway. Differences in ground elevation between your antenna and the
airport runway may complicate this formula. If your CB station is near
an airport, see http://wireless2.fcc.gov/UlsApp/AsrSearch/towairSearch.jsp to help you figure the maximum allowable height of
your antenna. Consult part 17 of this chapter for more information.
* * * * *
0
40. Section 95.409 is amended by revising paragraph (a) to read as
follows:
Sec. 95.409 (CB Rule 9) What equipment may I use at my CB station?
(a) You must use an FCC certificated CB transmitter at your CB
station. You can identify an FCC certificated transmitter by the
certification label placed on it by the manufacturer. You may examine a
list of certificated equipment on the FCC Web site at http://www.fcc.gov/encyclopedia/citizens-band-cb-service. Use of a transmitter
which is not FCC certificated voids your authority to operate the
station.
* * * * *
PART 97--AMATEUR RADIO SERVICE
0
41. The authority citation for part 97 continues to read as follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47
U.S.C. 151-155, 301-609, unless otherwise noted.
0
42. Section 97.13 is amended by revising paragraph (b) to read as
follows:
Sec. 97.13 Restrictions on station location.
* * * * *
(b) A station within 1600 m (1 mile) of an FCC monitoring facility
must protect that facility from harmful interference. Failure to do so
could result in imposition of operating restrictions upon the amateur
station pursuant to Sec. 97.121. Geographical
[[Page 53753]]
coordinates of the facilities that require protection are listed in
Sec. 0.121(c) of this chapter.
* * * * *
0
43. Section 97.109 is amended by revising paragraph (d) to read as
follows:
Sec. 97.109 Station control.
* * * * *
(d) When a station is being automatically controlled, the control
operator need not be at the control point. Only stations specifically
designated elsewhere in this part may be automatically controlled.
Automatic control must cease upon notification by a Regional Director
that the station is transmitting improperly or causing harmful
interference to other stations. Automatic control must not be resumed
without prior approval of the Regional Director.
0
44. Section 97.203 is amended by revising paragraph (f) to read as
follows:
Sec. 97.203 Beacon station.
* * * * *
(f) A beacon must cease transmissions upon notification by a
Regional Director that the station is operating improperly or causing
undue interference to other operations. The beacon may not resume
transmitting without prior approval of the Regional Director.
* * * * *
0
45. Section 97.309 is amended by revising paragraph (b) introductory
text to read as follows:
Sec. 97.309 RTTY and data emission codes.
* * * * *
(b) Where authorized by Sec. Sec. 97.305(c) and 97.307(f), a
station may transmit a RTTY or data emission using an unspecified
digital code, except to a station in a country with which the United
States does not have an agreement permitting the code to be used. RTTY
and data emissions using unspecified digital codes must not be
transmitted for the purpose of obscuring the meaning of any
communication. When deemed necessary by a Regional Director to assure
compliance with the FCC Rules, a station must:
* * * * *
0
46. Section 97.311 is amended by revising paragraph (c) introductory
text to read as follows:
Sec. 97.311 SS emission types.
* * * * *
(c) When deemed necessary by a Regional Director to assure
compliance with this part, a station licensee must:
* * * * *
0
47. Section 97.313 is amended by revising paragraph (f) to read as
follows:
Sec. 97.313 Transmitter power standards.
* * * * *
(f) No station may transmit with a transmitter power exceeding 50 W
PEP on the UHF 70 cm band from an area specified in paragraph (a) of
footnote US270 in Sec. 2.106, unless expressly authorized by the FCC
after mutual agreement, on a case-by-case basis, between the Regional
Director of the applicable field facility and the military area
frequency coordinator at the applicable military base. An Earth station
or telecommand station, however, may transmit on the 435-438 MHz
segment with a maximum of 611 W effective radiated power (1 kW
equivalent isotropically radiated power) without the authorization
otherwise required. The transmitting antenna elevation angle between
the lower half-power (-3 dB relative to the peak or antenna bore sight)
point and the horizon must always be greater than 10[deg].
* * * * *
[FR Doc. 2015-21963 Filed 9-4-15; 8:45 am]
BILLING CODE 6712-01-P